§9605. Delivery--Article V

1.Request.
In response to a request made under Article III or Article IV, the appropriate authority
in a sending state shall offer to deliver temporary custody of such prisoner to the
appropriate authority in the state where such indictment, information or complaint
is pending against such person in order that speedy and efficient prosecution may
be had. If the request for final disposition is made by the prisoner, the offer of
temporary custody shall accompany the written notice provided for in Article III.
In the case of a federal prisoner, the appropriate authority in the receiving state
shall be entitled to temporary custody as provided by this agreement or to the prisoner's
presence in federal custody at the place for trial, whichever custodial arrangement
may be approved by the custodian.

[
1983, c. 459, §6 (NEW)
.]

2.Identification; copy of indictment.
The officer or other representative of a state accepting an offer of temporary custody
shall present the following upon demand:

A. Proper identification and evidence of his authority to act for the state into whose
temporary custody the prisoner is to be given; and [1983, c. 459, §6 (NEW).]

B. A duly certified copy of the indictment, information or complaint on the basis of
which the detainer has been lodged and on the basis of which the request for temporary
custody of the prisoner has been made. [1983, c. 459, §6 (NEW).]

[
1983, c. 459, §6 (NEW)
.]

3.Dismissed.
If the appropriate authority shall refuse or fail to accept temporary custody of
said person, or in the event that an action on the indictment, information or complaint
on the basis of which the detainer has been lodged is not brought to trial within
the period provided in Article III or Article IV, the appropriate court of the jurisdiction
where the indictment, information or complaint has been pending shall enter an order
dismissing the same with prejudice, and any detainer based thereon shall cease to
be of any force or effect.

[
1983, c. 459, §6 (NEW)
.]

4.Purpose.
The temporary custody referred to in this agreement shall be only for the purpose
of permitting prosecution on the charge or charges contained in one or more untried
indictments, informations or complaints which form the basis of the detainer or detainers
or for prosecution on any other charge or charges arising out of the same transaction.
Except for his attendance at court and while being transported to or from any place
at which his presence may be required, the prisoner shall be held in a suitable jail
or other facility regularly used for persons awaiting prosecution.

[
1983, c. 459, §6 (NEW)
.]

5.Return.
At the earliest practicable time consonant with the purposes of this agreement, the
prisoner shall be returned to the sending state.

[
1983, c. 459, §6 (NEW)
.]

6.Time on sentence.
During the continuance of temporary custody or while the prisoner is otherwise being
made available for trial as required by this agreement, time being served on the sentence
shall continue to run, but good time shall be earned by the prisoner only if, and
to the extent that, the law and practice of the jurisdiction which imposed the sentence
may allow.

[
1983, c. 459, §6 (NEW)
.]

7.Escape.
For all purposes other than that for which temporary custody as provided in this
agreement is exercised, the prisoner shall be deemed to remain in the custody of and
subject to the jurisdiction of the sending state and any escape from temporary custody
may be dealt with in the same manner as an escape from the original place of imprisonment
or in any other manner permitted by law.

[
1983, c. 459, §6 (NEW)
.]

8.Responsibility; costs.
From the time that a party state receives custody of a prisoner pursuant to this
agreement until such prisoner is returned to the territory and custody of the sending
state, the state in which the one or more untried indictments, informations or complaints
are pending or in which trial is being had shall be responsible for the prisoner and
shall also pay all costs of transporting, caring for, keeping and returning the prisoner.
This subsection shall govern unless the states concerned shall have entered into a
supplementary agreement providing for a different allocation of costs and responsibilities
as between or among themselves. Nothing in this subsection shall be construed to alter
or affect any internal relationship among the departments, agencies and officers of
and in the government of a party state, or between a party state and its subdivisions,
as to the payment of costs, or responsibilities therefor.

[
1983, c. 459, §6 (NEW)
.]

SECTION HISTORY

1983, c. 459, §6 (NEW).

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